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New York Health Care Law Blog

Feds: New York doctors violated Anti-Kickback law and more

News reports state that five more New York doctors have admitted to officials that they took bribes in exchange for test referrals in an operation allegedly run by a New Jersey company. Two of the physicians are from Staten Island; two from Wayne and one from Franklin Lakes.

Four agreed to plead guilty to accepting bribes in violation of the Federal Travel Act. One of the doctors, a 52-year-old from Wayne, has reportedly pled guilty to a violation of the Anti-Kickback statute, as well as conspiracy to commit bribery, violating the Federal Travel Act, wire fraud and conspiracy to commit money laundering.

3 common physician mistakes that can lead to investigations

Facing disciplinary action from the medical board or government agency is one of the worst fears of physicians. Disciplinary action can affect your reputation, finances and sometimes your entire career. The worst penalty is losing your license. Sometimes even small mistakes can lead to serious consequences.

As a new physician, you must take action to reduce your chances of undergoing investigation. Continue reading to learn about common legal mistakes and how to avoid them.

Feds: Pharmacist guilty of Medicare fraud, money laundering, more

He is 56 years old today. The pharmacist will be 60 when he gets out of federal prison. Instead of being in the home stretch of his career, he is serving a 52-month stretch in prison for health care fraud, illegal distribution of prescription drugs and money laundering.

According to court documents filed far from us in New York, the Michigan pharmacist admitted to illegally distributing more than 200,000 doses of controlled substances and fraudulently obtaining at least $1.6 million from Medicare.

Prepare your pharmacy for an audit

Receiving notification that your pharmacy will undergo an insurance company audit can make for stressful times. This is true even if you believe you have been fully compliant.

One way to look at the situation is this: You want to run the best pharmacy possible, and audits can help you do that. Here are some tips to prepare.

Advantages of buying a home health agency

If you always wanted to own a home health agency (or a similar business such as an adult day care) and decided that it is financially feasible to do so, there are a few advantages to buying an existing agency versus starting one from scratch.

Of course, there are disadvantages worth considering, too. For example, the existing agency may have a mission slightly at odds with what you envision or its geographical range is too limited (or broad). However, time and strategic planning can remove many of these obstacles, and the benefits often make up for them.

Nursing professionals: work with experienced attorney to effectively navigate disciplinary process

For health care providers, patient complaints can be not only disheartening to one’s professional confidence, but also a source of trouble if the complaint involves allegations of professional misconduct. Understanding the complaint and investigation process, and one’s due process rights, allow a nursing professional to have the best shot at a favorable outcome in the case.

The disciplinary process begins when a complaint is filed. Complaints are allegations that a providers has engaged in professional misconduct. Complaints which don’t result in disciplinary action are supposed to remain confidential, while disciplinary action is public. 

Advice for health care professionals who receive a subpoena

It sometimes seems as if headlines these days are all about political turmoil. But for those who read New York's newspapers and watch the newscasts, there are also reports about the economy, crime, infrastructure problems and much more.

For New York health care professionals, coverage of health care fraud investigations and indictments find its place in headlines far too often. A recent column by the editor of Fierce Healthcare offers advice to doctors and other health care pros who receive a subpoena.

What could unprofessional conduct for a nurse mean?

When nurses get a letter from a disciplinary board, the letter commonly concerns drug or alcohol issues, criminal convictions, inadequately maintaining patient records, or a host of other issues such as unprofessional conduct.

Such letters are often stressful for nurses, many of whom were unaware they were doing something wrong. Here is a look at what types of “unprofessional conduct” might concern a licensing board.

Menendez friend convicted of Medicare fraud

New York City residents are well-acquainted with New Jersey Sen. Bob Menendez. The longtime congressman and now the state's senior senator, he has been a fixture on our area's political scene for decades.

Menendez has been embroiled in a Medicare fraud and corruption scandal for the past couple of years. The case recently took a turn that many observers believe could result in more trouble for him. The Florida eye doctor and Menendez friend at the center of the controversy was recently convicted of Medicare fraud.

3 tips to avoid being investigated for Medicare fraud

Fraudulent practices in the medical industry come with serious consequences. Complying with federal laws is crucial if you accept Medicare patients. Failing to comply can put your medical practice at risk of investigations and jail time.

Even sloppiness and omissions can cause serious problems. Avoid undergoing an investigation for Medicare fraud by following these best practices.